When facing a DUI allegation, it is important to understand the exact nature of your charge before proceeding with the case. A well-practiced DUI attorney could explain a number of legal defenses that a person unfamiliar with DUI cases may not have known about. If you were arrested for driving under the influence and you believe you were not actually driving your vehicle at the time, call today. A knowledgeable lawyer could explain what driving means in a Fredericksburg DUI.
Virginia law as it applies to Fredericksburg DUI cases does not refer to driving even though the offense is called driving under the influence. The statute refers to operating any motor vehicle, engine, or train. The emphasis is on “operating.” Given the type of vehicle, even someone sitting in the driver’s seat of a vehicle with the key in the ignition may be considered to be operating it. This could also be applied to a remote key. Individuals do not have to be driving the vehicle to be found guilty of a DUI.
If it is unclear who was driving, a passenger could be charged with a DUI if the driver exited the vehicle or had halted it before the officer came on the scene. In this situation, the officer may have to rely on a video or on statements from the occupants or other witnesses. In many cases, individuals often admit to the officer after an accident that they were the one who was driving. To understand how a person could be charged with a DUI and what driving means in a Fredericksburg DUI case, defendants could consult an attorney.
Other than the road, an individual may be arrested for a DUI if they are driving in a public parking lot. This typically depends on the access and other specific details of each case. Individuals could be arrested for a DUI anywhere that is considered a public roadway in Virginia. Law enforcement officers often will wait slightly outside of parking lots that are near bars or restaurants in Fredericksburg to look for a DUI. Once the individual drives onto a public road, they may pull the driver over. Those kinds of DUI arrests do not occur in Fredericksburg any more or less than anywhere else in the State of Virginia. A lawyer who knows what driving means in a Fredericksburg DUI may be able to review a person’s case to explain their rights.
In order to prove a DUI case, authorities simply need to prove that the individual was operating or having control over the vehicle. An individual could simply have a key in their pocket and be sitting in the driver’s seat to be considered in operation of the vehicle under Virginia law. DUIs are determined case-by-case, requiring a specific analysis. A person may contest a DUI charge by stating they were not in control of the vehicle or were unable to have control of the vehicle.
It may be crucial for drunk driving defendants to understand what driving means in a Fredericksburg DUI by calling an accomplished attorney. DUI cases could become very technical and may rely heavily on the exact wording of the law. A tenacious attorney could advise accused individuals on how to proceed with their case and could help them build their defense. Call today to learn your rights.